Delhi High Court Weekly Round Up: August 15 To August 21, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 782 TO 2022 LiveLaw (Del) 791RAHUL MEHRA v. UNION OF INDIA AND ORS 2022 LiveLaw (Del) 782FLIPKART INTERNET PRIVATE LTD. v. STATE OF NCT OF DELHI & ANR. 2022 LiveLaw (Del) 783MOHD AZIZUL v. STATE 2022 LiveLaw (Del) 784SYED SHAHNAWAZ HUSSAIN v. THE STATE & ANR. 2022 LiveLaw (Del) 785Vinod Kumar Kila v. CBI 2022 LiveLaw (Del) 786SHEIKH ISHRAFIL v. STATE (NCT) OF DELHI 2022 LiveLaw (Del) 787SUNITA & ANR. v. VIJAY PAL @ MOHD. SABIR & ANR. 2022 LiveLaw (Del) 788JOGINDER SINGH RAINA v. STATE (NCT OF DELHI) & ANR. 2022 LiveLaw (Del) 789KAJAL v. STATE (NCT OF DELHI) 2022 LiveLaw (Del) 790Ashish Kumar Srivastava v. Govt. of NCT of Delhi & Ors. 2022 LiveLaw (Del) 7911. "Legal Regime Apropos Sports Administration Has To Be Implemented Fully": Delhi High Court Places Indian Olympic Association Under CoACase Title: RAHUL MEHRA v. UNION OF INDIA AND ORSCitation: 2022 LiveLaw (Del) 782Observing that the legal regime apropos sports administration in India has to be implemented fully and effectively, the Delhi High Court has put the affairs of Indian Olympic Association (IOA) in the hands of a Committee of Administrators (CoA) as per a recent Supreme Court order.A division bench comprising of Justice Najmi Waziri and Justice Manmohan concluded that if a sports federation does not comply with the law of the land, it will receive no recognition from the Government, thereby adding that the benefits and facilities to it will stop promptly."It is better that a legitimate body represents the cause of sportspersons than one simply masquerading as the real champion of Indian sports. Fairness and legitimacy needs to imbue all public affairs. Recalcitrant entities which defy adherence to rules of the game, while continuing to unjustly enjoy government‟s largesse and patronage, must be called-out," the Court added.Also Read: Sports Administration Not A Male Preserve, Women Presence In Sporting World Must Be Acknowledged: Delhi High CourtUpdate: Supreme Court Orders Status Quo On Delhi HC Direction Placing Indian Olympic Association Under Committee Of Administrators2. "Safe Harbour" Protection Available To Intermediaries Qua Criminal Prosecution Unless 'Active Role' Is Disclosed In Commission Of Offence: Delhi HCCase Title: FLIPKART INTERNET PRIVATE LTD. v. STATE OF NCT OF DELHI & ANR.Citation: 2022 LiveLaw (Del) 783The Delhi High Court has observed that unless an active role is disclosed in the commission of the offences as complained of, an intermediary would be entitled to claim protection under Section 79 of the Information Technology Act, 2000.The provision exempts liability of intermediary in certain cases. It states that an intermediary shall not be liable for any third party information, data, or communication link made available or hosted by it.However, the provision will not apply if the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act.3. Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum PunishmentCase Title: MOHD AZIZUL v. STATECitation: 2022 LiveLaw (Del) 784The Delhi High Court has held that a man accused of sexually abusing a minor cannot be punished under Section 6 of the POCSO Act for the offence of 'aggravated penetrative sexual assault' when the alleged act falls short of 'penetration'.The bench of Justice Jasmeet Singh held that without penetration, such act is only an attempt to rape or aggravated sexual assault as per Section 9(m) of the POCSO Act, which is punishable under Section 10 of the Act with 5-7 years imprisonment and fine.The Court was dealing with an appeal against conviction for aggravated penetrative sexual assault on a three year old minor girl by one Mohd. Azizul. He was sentenced to rigorous imprisonment for 14 years.The bench noted that while there was sexual assault committed on the minor and the intent to commit rape was proved before the trial court, the statements of victim's mother and the MLC raised a doubt regarding penetration.4. "Complete Reluctance On Police's Part": Delhi High Court Orders FIR Against BJP Leader Syed Shahnawaz Hussain In Rape CaseCase Title: SYED SHAHNAWAZ HUSSAIN v. THE STATE & ANR.Citation: 2022 LiveLaw (Del) 785The Delhi High Court has ordered registration of FIR against BJP leader Syed Shahnawaz Hussain in an alleged 2018 rape case observing that there was a complete reluctance on the part of city police to register the same.Justice Asha Menon directed that the investigation in the matter be completed and a detailed report under Section 173 CrPC be submitted before the MM within a period of three months.The Court dismissed the petition filed by the former Union Minister challenging the order of the Special Judge dated July 12, 2018 which had dismissed his revision petition against the orders of the Metropolitan Magistrate directing registration of FIR.Update: BJP...

Delhi High Court Weekly Round Up: August 15 To August 21, 2022

Nupur Thapliyal

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